Carlos R. Soltero
Carlos represents plaintiffs and defendants in civil litigation matters, including commercial disputes, malpractice, constitutional litigation, personal injury and wrongful death cases. He represents clients in a variety of industries including health care, cable, telecommunications, construction, mining, power/energy and technology to name a few. Carlos also represents foreign clients in private international law disputes. He has also represented clients in arbitration. Carlos handles matters in both state and federal court and is frequently called upon to assist in representation of clients in trials and appellate work. One of Carlos’ cases was listed by Verdict Search in its Nationwide Top 100 Verdicts of 2004. He has also been recognized by Texas Law & Politics as a “Texas Super Lawyer" in general litigation (2012). Carlos serves on the firm’s Management Committee and heads the firm’s Litigation Practice.
In recent years, Carlos' work includes obtaining settlements on behalf of plaintiffs in wrongful death and personal injury cases involving trucking and other accidents as well as being asked to assist in representing plaintiffs and defendants in preparing, submitting, and arguing jury instructions and other appellate work particular to complex cases. Carlos frequently handles matters throughout South Texas in state and federal court.
- Obtained jury verdict, judgment, and settlement for widow and child of man shot, killed, and abandoned by Webb County ranch company's employees in wrongful death action.
- Obtained take nothing judgment in defense of Mexican customs broker in federal court bench trial in Houston.
- Obtained no liability judgment at trial in defense of real estate agent against charges of breach of contract and fraud in Travis County bench trial.
- Obtained verdict and judgment for construction dispute debt including award of attorneys’ fees, which was affirmed on appeal at Waco Court of Appeals.
- Successfully defended attempt to expand duties hospitals owe under Emergency Medical Treatment and Active Labor Act (EMTALA) through summary judgment and on appeal at Houston (First) Court of Appeals.
- Obtained no-negligence verdict in defense of nurse and hospital in malpractice jury trial; obtained two directed verdicts in defense of hospital in two malpractice jury trials as second chair.
- Assisted in defending an insurer in Travis County district court against attempts by a Brazilian national to domesticate a default judgment rendered against the insurer after invalid service on the insurer, purportedly through a broker.
- Assisted in obtaining settlement from company in breach of contract and misrepresentation dispute on behalf of Austin technology entrepreneur.
- Represented several clients in covenant not to compete and unfair competition disputes.
- Obtained favorable jury verdict and judgment for victim of negligence and excessive force at hands of security guard working for nightclub, which was affirmed in part by Texas Supreme Court.
- Assisted as local counsel in obtaining injunction and judgment in favor of manufacturer in Lanham Act and defamation case.
- Assisted in obtaining dismissal of law firm client in suit alleging misrepresentations, which was affirmed on appeal at Austin Court of Appeals.
- Obtained favorable settlements for corporate clients in real estate and other property disputes.
- Assisted in obtaining settlement in False Claims Act case on behalf of the Relator in Medicare fraud case.
- Assisted in obtaining summary judgment on behalf of employer in FLSA case filed as collective action; assisted on brief affirmed by Fifth Circuit.
- Assisted in obtaining summary judgment on behalf of school district in wrongful death case for alleged violations of student’s constitutional rights under “state created danger” theory; assisted on brief affirmed by Fifth Circuit.
- Represented clients on employment litigation matters for employees or employers involving claims of employment discrimination on basis of race, age, national origin, disability, gender, pregnancy, whistleblower status, and retaliation, as well as FLSA claims.
- Obtained summary judgments, dismissals, and award of attorneys’ fees on behalf of clients.
- Filed, argued, and defended Daubert motions regarding striking of experts.
- Robert Calvert Chapter, Inns of Court, Member (2001-2007)
- State Bar of Texas; Rules Committee, Vice-Chair, 2012-2013; Rules Committee (2007 to 2012)
- State Bar of Texas; Business, Consumer & Employment Pattern Jury Charges (Vol. 4) Committee (2001-2007)
- The University of Texas, Lecturer (Spring 2001)
Presentations & Publications
Speaker, Update on National Origin Discrimination and Immigration/Alienage Issues, 22nd Annual Labor & Employment Law Update, Dallas, Texas, September 2011
Speaker, TXI Transp. Co. v. Hughes: Evidence Regarding Immigration Status at Trial, Mexican-American Bar Association of Texas, South Padre Island, Texas, August 2011
Speaker, Latino/Hispanic Issues in Texas Civil Litigation in 2011, Austin, Texas, April 2011
Speaker, Preparing for Jury Selection in Advance, Austin Bar Association Civil Litigation Section, Austin Texas, October 2009
Speaker, American Choice of Law Concepts - International Civil Litigation, Academy of American and International Law, Dallas, Texas, June 2009
Author and Speaker, Expert and Opinion Evidence: Qualification, Scope and Form of Examination, as well as other presentations on Daubert Challenges to Expert Witnesses “Advanced Evidence and Discovery CLE,”, University of Houston Law Foundation, May 2009, November 2008, July 2008, November 2007, January 2006, May 2003, December 2000
Author, Latinos and American Law, University of Texas Press, December 2006
Speaker, 30 Days Out, 19th Annual Advanced Evidence & Discovery Course, State Bar of Texas, April 2006, Austin Bar Association, September 2008, May 2006
Speaker and Author, Evidence Law Updates, Evidence Law Updates, Litigation and Trial Tactics CLE Seminar, University of Houston Law Foundation, May 2004, September 2002, December 2001
Co-author, The Common Law of Mexican Law in Texas Courts, 26 University of Houston Journal of International Law 119, October 2003
Editor, Employment Discrimination, Texas Employment Laws and Regulations—How to Comply, June 2001
Author, English-Only Rules in the Workplace in Texas, 64 Tx. B.J. 130, February 2001
- Yale Law School, J.D. 1994
- Yale University, B.A. 1991
- Universidad de las Americas, Puebla, Spring 1990
- The Center for Public Policy Dispute Resolution, The University of Texas School of Law (Mediation, 2001)
- Admitted to Practice: Texas; Colorado; Supreme Court of the United States of America, United States Court of Appeals for the Fifth Circuit, United States District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
- Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization
- Other Language: Spanish
|600 Congress Avenue
Austin, TX 78701
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